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0 0 <br />b. What terms and conditions, if any, are necessary to <br />prevent injury to opposers' water rights? <br />C. Should the decree for the recovery flow water right <br />expressly. provide that development of the carve out by <br />wells and springs will not require augmentation plans and <br />that the CWCB will not object to changes of water rights <br />or place a call until the carve out or Colorado's <br />apportionment on the Yampa River has been placed to <br />beneficial use. <br />5. Should the CWCB be awarded an absolute or a conditional water <br />right? <br />a. Have the flows claimed been available? <br />b. Have the flows claimed been put to beneficial use, i.e., <br />fish recovery? <br />6. Which statutes and case law apply to this application? <br />a. What is the CWCB's burden of proof? <br />7. Must the CWCB quantify the amount of its recovery flow water <br />right? <br />8. What conditions will cause the decree to become unenforceable <br />(the poison pills)? <br />9. Does the proposed use of water violate § 37 -84 -108? <br />10. Does the proposed use of water constitute an export? <br />11. To the extent that the CWCB has agreed not to modify the water <br />right without the consent of the FWS, has the CWCB improperly <br />delegated its statutory authority? <br />12. Will the granting of this water right result in the CWCB <br />unduly interfering in future water development? <br />13. Will the granting of this water right accomplish the stated <br />purpose of avoiding the imposition of federally imposed bypass <br />flows and other regulatory requirements? <br />14. Can the recovery flow water right be administered? <br />15. Should the entry of decrees.for a baseflow water right and a <br />recovery flow water right be linked? <br />16. Since the recovery flow water right is for the remaining flow <br />after the development of the carve out, should the decree <br />